KURT C. GERHARDT ("GERHARDT") v. THOMAS Y. CROWE, Individually, TYC MANAGEMENT, INC., PENN MUTUAL LIFE INSURANCE COMPANY, a corporation, THOMAS WORTHINGTON, Individually, and as agent for PENN MUTUAL LIFE INSURANCE COMPANY; JAMES E. MORGAN, JR., Individually, and as agent for PENN MUTUAL LIFE INSURANCE COMPANY; LARRY KORESKO, Individually, and as agent for PENN MUTUAL LIFE INSURANCE COMPANY, BRIAR PATCH OF GLENWOOD, INC., d/b/a THE BUSINESS TAX INSTITUTE, SAMUEL B. ECKHARDT, AND PENN-MONT BENEFIT SERVICES, INC
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA KURT C. GERHARDT ( GERHARDT ), Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-5895 v. THOMAS Y. CROWE, Individually, TYC MANAGEMENT, INC., PENN MUTUAL LIFE INSURANCE COMPANY, a corporation, THOMAS WORTHINGTON, Individually, and as agent for PENN MUTUAL LIFE INSURANCE COMPANY; JAMES E. MORGAN, JR., Individually, and as agent for PENN MUTUAL LIFE INSURANCE COMPANY; LARRY KORESKO, Individually, and as agent for PENN MUTUAL LIFE INSURANCE COMPANY, BRIAR PATCH OF GLENWOOD, INC., d/b/a THE BUSINESS TAX INSTITUTE, SAMUEL B. ECKHARDT, AND PENNMONT BENEFIT SERVICES, INC., Appellees. _____________________________/ Opinion filed August 22, 2013. An appeal from the Circuit Court for Duval County. L. P. Haddock, Judge. Niels P. Murphy and Matthew B. Baggett of Murphy & Anderson, P.A., Jacksonville, and Theodore C. Peters of Edgerton & Weaver, LLP, Hermosa Beach, CA, for Appellant. Richard M. Stoudemire and Travase L. Erickson of Saalfield, Shad, Stokes, Inclan, Stoudemire & Stone, P.A., Jacksonville, for Appellee Briar Patch of Glenwood, Inc. and Samuel B. Eckhardt; Scott Alan Orth of the Law Offices of Scott Alan Orth, P.A., Hollywood, for Appellee Larry Koresko. PER CURIAM. AFFIRMED. See T & S Enters. Handicap Accessibility, Inc. v. Wink Indus. Maint. & Repair, Inc., 11 So. 3d 411, 413 (Fla. 2d DCA 2009) ( The jury would determine the same issues under section 768.81(3) as it would in a third-party action, and it is unlikely that [a defendant] will be required to pay more than its pro rata share of any common liability. ). See also Wells v. Tallahassee Mem l Reg l Med. Ctr., Inc., 659 So. 2d 249, 256 (Fla. 1995) (Anstead, J., specially concurring) ( Since this tortfeasor-defendant now faces a judgment based only on its percentage of fault, it, unlike Disney in the [Walt Disney World Co. v. Wood, 2 515 So. 2d 198 (Fla. 1987)] case, has no basis for seeking contribution from another tortfeasor who might also have contributed to the cause of the claimant s injury. ). LEWIS, C.J., BENTON, and MAKAR, JJ., CONCUR. 3
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